Cal. Civ. Code § 796-D
Contents of petition
Operative Text
§ 796-d. Contents of petition. The petition shall: 1. Allege material facts showing that there exists in such dwelling or any part thereof one or more of the following: (a) a lack of heat, running water, light, electricity, adequate sewage disposal facilities, or any other condition dangerous to life, health or safety, which has existed for five days, or an infestation of rodents; or (b) a course of conduct by the owner or his agents of harassment, illegal eviction, continued deprivation of services or other acts dangerous to life, health or safety. 2. If the petitioners shall be tenants occupying the dwelling, they shall allege the number of petitioners making the petition and that: (a) in the case of a multiple residence dwelling, they constitute one-third or more of the tenants in occupancy thereof; or (b) in the case of a single residence dwelling, they are the occupants of such single-residence dwelling. 3. Allege a brief description of the nature of the work required to remove or remedy the condition and an estimate as to the cost thereof except that if the petitioners shall be tenants occupying the dwelling, the petition may allege the conditions complained of in which event such description shall not be required to be made by anyone not a party to the petition. 4. If the petitioners shall be tenants occupying the dwelling, they shall allege the amount of rent due from each such petitioner, monthly. 5. State the relief sought.
Under N.Y. Real Prop. Acts & Proc. Law § 796-D, a petition brought to address dangerous housing conditions must contain specific information to be legally sufficient. The petition must identify the hazardous conditions present—such as lack of heat, water, or light lasting at least five days, rodent infestation, or a pattern of owner harassment—and describe the work needed to fix them along with an estimated cost. When tenants are the ones filing, the petition must also show they represent at least one-third of occupants in a multi-unit building (or are the sole occupants of a single-family dwelling), state each petitioner's monthly rent, and specify the relief being requested.
Plain English — not legal advice.
Property owners and managers should be aware that § 796-D establishes the formal requirements a tenant-initiated petition must meet before a court can act on housing condition complaints. A compliant operator generally maintains records of services provided, repairs made, and communications with tenants, since those records become relevant when a petition alleges conditions like heat loss, water outages, or a course of harassing conduct. Understanding what the petition must allege—including tenant headcount thresholds, rent amounts, and a description of needed repairs—helps operators recognize when a filing meets the statutory threshold and respond appropriately through proper legal channels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
§ 796-D sets out what a petition must contain for tenants seeking court intervention over dangerous housing conditions or owner harassment. Tenants filing as a group in a multi-unit building generally need to show they represent at least one-third of current occupants, while a single-family dwelling requires the occupants themselves to file. Tenants who believe conditions in their home meet the statutory thresholds may want to document the conditions carefully, consult a local tenant-rights organization or housing court self-help center for guidance on preparing a compliant petition, and explore whether a rent board or housing agency in their area offers additional complaint pathways.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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